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Board of Trustees Minutes
December 11, 2001
Supervisor Mann called the meeting to order at 7:00 p.m. and led in the Pledge of Allegiance to the flag.
MEMBERS PRESENT:
Steven Mann, Supervisor
Marilyn Massengill, Clerk
Ron Edwards, Treasurer
Kay Arnold, Trustee
Charles Curmi, Trustee
Ron Griffith, Trustee
Abe Munfakh, Trustee
OTHERS PRESENT:
James Anulewicz, Director of Public Services
Shirley Barney, Community Development Director
Tony Hollis, Water Department Supervisor
Lieutenant Robert Smith, Police Department
Michael Bailey, Township Engineer
Kristen Miner, Dietrich Bailey & Associates
Timothy Cronin, Township Attorney
Sally Hodges, McKenna Associates, Inc.
Al McFayden, McKenna Associates, Inc.
Susan Pohto, Recording Secretary
10 members of the public
APPROVAL OF AGENDA
Regular Meeting - Tuesday, December 11, 2001
Mrs. Massengill moved to approve the agenda for the December 11, 2001, Board of Trustee Meeting, as submitted. Seconded by Ms. Arnold. Ayes all.
E. CONSENT AGENDA
E.1 Approval of Minutes
Regular Meeting - Tuesday, November 13, 2001
E.2 Approval of Township Bills
| Year 2001 | ||
| General Fund | (101) | $1,596,459.39 |
| Water/Sewer | (592) | 1,187,102.85 |
| Improvement Revolving | (246) | 175,464.35 |
| SWD | (226) | 5,082.46 |
| Trust and Agency | (701) | 145,057.22 |
| Tax Pool | 2,872.64 | |
| Drug Forfeiture | 235.70 | |
| Total: | $3,112,274.61 |
E.3 Approval of Utility Easements – N/A
E.4 Communications-Resolutions-Report
- Thank You to Ann DeGhetto from a resident
- Thank You from Shirley Barney
- Thank You from John Stewart
- Thank You to Steve Mann from a resident
Mrs. Massengill requested to remove the Minutes of the November 13, 2001, Board of Trustee Meeting from the Consent Agenda for discussion. Mrs. Massengill then moved to approve the Consent Agenda for the December 11, 2001, Regular Meeting, as amended. Seconded by Ms. Arnold. Ayes all.
Mr. Griffith commented that he noticed while checking the Township bills that four or five invoices were being processed that had not been authorized for payment by the department head. Mr. Mann stated that with the new purchase order system there is in place a computerized system of marking goods received which automatically authorizes payment of the invoice and therefore, it no longer will be required that invoices be signed by department heads.
Mrs. Massengill stated that at the November 13, meeting, Mr. Munfakh requested the following correction be made to the minutes of the October 23, meeting. "On page 1, under Approval of the Consent Agenda, second paragraph, delete the word "discussion" and insert the words "an action item". Mrs. Massengill stated that she listened to the tape of the October 23, meeting and that Mr. Munfakh asked to add an item to the agenda for "discussion" of the Charter Township of Plymouth Compensation Commission’s recommended salary increase for elected officials. Mrs. Massengill distributed a verbatim copy taken from the tape.
Mr. Munfakh stated that this was his statement. He said new item and he meant action item, the Board used it as an action item, the Board took action on the item and he did not understand why the Board should go back and revise the minutes again.
Mr. Curmi stated that the minutes need to be correct because they are the permanent record, and he felt the tape should rule and the minutes should reflect what was actually said.
Mr. Munfakh stated that the action he requested was that an item be added as an action item and that is what happened, it was discussed as an action item, the Board took action on it and to say a discussion item is inappropriate regardless of what the tape says.
Ms. Arnold agreed that "discussion" is what Mr. Munfakh said. Mrs. Massengill stated that Mr. Munfakh , at the October 23, meeting, requested "to add another item, have discussion under new items for the report or the resolution of the Elected Officials Compensation Commission". The request was added as Item J.10 under New Business to the October 23, agenda and the minutes of this meeting reflect that action was taken. However, at the November 13, meeting, Mr. Munfakh corrected the October 23, minutes, changing what he actually said, "discussion" to the words "an action item", which he did not say.
Mr. Cronin clarified that the Board can take action to correct the minutes of November 13, if they feel incorrect action was taken when correcting the October 13, minutes at the November meeting.
Mr. Edwards moved to correct the minutes of the November 13, 2001, Board of Trustee Meeting, to reflect what was actually said at the October 23, 2001, Board of Trustee Meeting. Seconded by Mrs. Massengill.
Mr. Munfakh commented on the fact that the minutes before them are from the November 13, 2001, Board of Trustee Meeting, not the October 23, 2001. Mr. Munfakh suggested that tonight’s minutes should reflect that he meant action and the Board took his words to mean action and the Board took action on the item. Following a lengthy discussion, the Board, then voted on Mr. Edwards motion. Ayes all, except for Mr. Munfakh and Mr. Griffith, who voted no.
Mr. Griffith asked that the tape of the October 23, Meeting be preserved to allow Mr. Munfakh an opportunity to listen to the tape if he wished. Mrs. Massengill stated that the tapes must be kept for a period of six months before they can be destroyed.
F. PUBLIC COMMENT AND QUESTIONS
Mrs. Arlene Karell addressed the Board and speaking for herself and her husband, Jim Karell, who was unable to attend the meeting, encouraged the Board to support the Downtown Development Authority (D.D.A.) Ordinance, an item that appears later on the agenda, because they feel it would greatly benefit business and growth in the Township.
G. PUBLIC HEARING
G.1 Request from Precision.com to revise final project cost for Industrial Facilities Exemption Certificate, Resolution No. 01-12-11-70
Timothy Cronin, Township Attorney, Marilyn Massengill, Clerk, and Keith Lynch, Precision.com, addressed the Board and answered questions.
Mr. Mann opened the public hearing at 7:19 p.m. Hearing no comments, the public hearing was closed at 7:20 p.m.
Mrs. Massengill moved to approve Resolution No. 01-12-11-70, amending Industrial Facilities Exemption Certificate #2001-127, to reflect the actual cost of the land and building improvements and the cost of new machinery, equipment, furniture and fixtures, per the request of Precision.com, located at 46201 Five Mile Road. Seconded by Ms. Arnold. The resolution reads as follows:
BE IT FURTHER RESOLVED that all resolution and parts of resolution in conflict with this resolution are hereby rescinded.
ROLL CALL:
Ayes: Arnold, Curmi, Munfakh, Griffith, Edwards, Mann
Nays: Massengill
Resolution declared adopted.
G.2 Request from Karmann U.S.A. for an Industrial Facilities Exemption Certificate, Resolution 01-12-11-71
Timothy Cronin, Township Attorney and Tim Olind, Karmann U.S.A., Inc., addressed the Board and answered questions.
Mr. Mann opened the public hearing at 7:40 p.m. Hearing no comments, the public hearing was closed at 7:41 p.m.
Mr. Munfakh moved to approve Resolution No. 01-12-11-71, granting a twelve (12) year Industrial Facilities Exemption Certificate for a new leased facility, including new machinery, equipment, furniture and fixtures, per the request of Karmann U.S.A., Inc., located at 14967 Pilot Road, Metro West Industrial Park. Seconded by Mr. Griffith. The resolution reads as follows:
WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the Charter Township of Plymouth, after granting this certificate will exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted;
14967 Pilot Road
be and the same is hereby approved.
ROLL CALL:
Ayes: Arnold, Curmi, Munfakh, Griffith, Edwards, Mann
Nays: Massengill
Resolution declared adopted.
H. COMMUNITY DEVELOPMENT
H.1 Approve Rezoning from R-1-E , Single Family Residential District to
R-1-H, Single Family Residential District for Application No. 1688/0801
Shirley J. Barney, Community Development Director, addressed the Board and answered questions.
Ms. Arnold moved to approve Application No. 1688/0801 for rezoning from R-1-E, Single Family Residential District to R-1-H, Single Family Residential District, for property located on the west side of Beck Road and south of North Territorial Road, Tax I.D. No. 037-99-0001-000. Seconded by Mr. Griffith. Ayes all.
I. UNFINISHED BUSINESS – N/A
J. NEW BUSINESS
J.1 Appointment of Building Official
Mr. Mann addressed the Board and gave a brief history of the applicant. He then answered questions.
Mrs. Massengill moved to approve the appointment of Mark Lewis to the position of Building Official, and authorize the Supervisor and Clerk to enter into an employment agreement. Seconded by Ms. Arnold. Ayes all.
J.2 Approve reappointment of Kendra Barbarena to the Charter Township of Plymouth Board of Review
Mr. Mann addressed the Board.
Ms. Arnold moved to concur with the recommendation of the Supervisor to reappoint Kendra Barberena to the Board of Review for a two (2) year term expiring December 31, 2003. Seconded by Mr. Griffith. Ayes all.
J.3 Approve reappointment of Larry Pulkownik to the Charter Township of Plymouth Board of Review
Mr. Mann addressed the Board.
Ms. Arnold moved to concur with the recommendation of the Supervisor to reappoint Larry Pulkownik to the Board of Review for a two (2) year term expiring December 31, 2003. Seconded by Mr. Griffith. Ayes all.
J.4 Approve reappointment of Maryann Carey to the Charter Township of Plymouth Board of Review
Mr. Mann addressed the Board.
Mr. Munfakh moved to concur with the recommendation of the Supervisor to reappoint Maryann Carey to the Board of Review for a two (2) year term expiring December 31, 2003. Seconded by Mr. Griffith. Ayes all.
J.5 Approve reappointment of Ronald Griffith to the Zoning Board of Appeals
Mr. Mann addressed the Board and answered questions.
Ms. Arnold moved to concur with the recommendation of the Supervisor to reappoint Ronald Griffith to the Zoning Board of Appeals for a three (3) year term expiring December 31, 2004. Seconded by Mrs. Massengill. Ayes all.
J.6 Purchase of In-Car Cameras for the Police Department
Lieutenant Robert L. Smith addressed the Board and answered questions.
Mr. Munfakh moved to approve 1) The acceptance of the $19,975.00 Grant from MMRMA; 2) The use of the City of Flint Bid Award of $4,090.00 per video camera as allowed by the Plymouth Township Purchase Policy; 3) The Purchase of 10 In-Car cameras from Mobile Vision for a total cost of $40,900.00
Seconded by Ms. Arnold. Ayes all.
J.7 Credit Card Policy
Resolution No. 01-12-11-72
Mr. Mann addressed the Board and answered questions.
Mr. Edwards moved to approve Resolution No. 01-12-11-72 adopting a Credit Card Policy for the Charter Township of Plymouth. Seconded by Mr. Curmi. The resolution reads as follows:
WHEREAS, Public Act 266 of 1995, authorizes a township to be a party to a credit card arrangement if the township board has adopted by resolution, a written policy governing the control and us of credit cards, and
WHEREAS, the Charter Township of Plymouth Board of Trustees deems that it is in the best interest of the township to make certain township financial transactions by using a credit card as described in the Act, now
THEREFORE, BE IT RESOLVED, that the following policy shall govern the use of township credit cards:
The Township (G/L) Accountant is responsible for issuing, accounting for, monitoring, retrieving and generally overseeing compliance with the township’s credit card policy.
Township credit cards may be used only by an officer or employee of the township for the purchase of goods or services for the official business of the township.
Township officers and employees who use a township credit card shall, as soon as possible, submit a copy of the vendor’s credit card slip to the (G/L) Accountant’s Office described in (a) above. If no credit card slip was obtained that described the transaction, the employee shall submit a signed voucher that shows the name of vendor or entity from which goods or services were purchased, the date and the amount of the transaction, the official business that required the transaction, and the chart of account number indicating the line item to which the transaction is to be charged. All credit card slips shall include this information as well. Voucher shall also include a statement why a credit card slip was not obtained.
An official or employee who is issued a credit card is responsible for its protection and custody. If a card is lost or stolen, the Township Supervisor shall be notified. The entity issuing the lost or stolen credit card shall be immediately notified to cancel the card.
An officer or employee issued a credit card shall return the credit card to the Township (G/L) Accountant upon termination of his or her employment or service with the township.
The Township (G/L) Accountant shall maintain a list of all credit cards owned by the Township, along with the name of the officer and employee who has been issued the credit card, the credit limit established, the date issued, and the date returned. Each employee shall initial the list beside his or her name to indicate agreement that the credit card has been issued, and that the employee has received and read a copy of this policy.
The Township (G/L) Accountant shall review each credit card statement as soon as possible to ensure that transactions comply with this policy. Any transactions that appear on the statements that are not documented with a credit card slip or a signed voucher shall be immediately investigated. Transactions that do not appear to comply with this policy shall be reported to the township board.
The township board shall not approve a payment to the entity issuing the credit card until all transactions have been verified, including the approval of all transaction invoices if issued.
The balance including interest due on an extension of credit under the credit card arrangement shall be paid for within not more than 60 days of the initial statement date.
Officers and employees who use a township credit card in a manner contrary to this policy shall be subject to the following disciplinary actions, as deemed appropriate by the township board:
ROLL CALL:
Ayes: Griffith, Arnold, Curmi, Munfakh, Edwards, Massengill, Mann
Nays: None
Resolution declared adopted.
J.8 Approve entry into the MMRMA Electric Choice Program
Mr. Mann, Supervisor, and Mr. Cronin, Township Attorney addressed the Board and answered questions.
Mr. Curmi moved to approve Plymouth Township entering into the MMRMA Electric Choice Program after Detroit Edison has been given a 30 day period to match the prices and authorize the Supervisor to sign the agreement, if applicable. Seconded by Mr. Edwards. Ayes all.
J.9 Recommendation of Depositories for Funds for the Charter Township of Plymouth for Calendar Year 2002, Resolution No. 01-12-11-73
Mr. Edwards, Treasurer, addressed the Board and answered questions.
Mrs. Massengill moved to approve Resolution No. 01-12-11-73, Depositories for the Charter Township of Plymouth funds for the Calendar Year 2002 as recommended by the Township Treasurer. Seconded by Ms. Arnold.
The resolution reads as follows:
BE IT RESOLVED, that the following banks be named as depositories for the Charter Township of Plymouth funds for the Calendar year January 1, 2002, through December 31, 2002: Everyday Savings and Checking Accounts, Money Market Accounts, Certificates of Deposits, Commercial Paper and Pool Fund Investments Accounts beginning January 1, 2002.
Moneys received by the Charter Township of Plymouth shall be deposited at the Treasurer’s discretion into the following depositories:
Standard Federal Bank Comerica Bank
Community Federal Credit Union Flagstar Bank
Community Bank of Dearborn Bank One
National City Bank Fifth Third Bank
ROLL CALL:
Ayes: Arnold, Curmi, Griffith, Munfakh, Edwards, Massengill, Mann
Nays: None
Resolution declared adopted.
J.10 Downtown Development Authority Ordinance, First Reading
Ordinance #C-2001-05
Mr. Anulewicz, Director of Public Services, Mr. Cronin, Township Attorney, and Mr. McFaadyen, McKenna Associates, Inc., addressed the Board and answered questions. Ms. Arnold read a prepared statement.
Mr. Edwards moved to approve the first reading of Ordinance No. C-2001-05 establishing the Charter Township of Plymouth Downtown Development Authority pursuant to the Public Act 197 0f the Public Acts of 1975, as amended. Seconded by Mr. Curmi. The Ordinance is on file in the Clerk’s office for public perusal.
ROLL CALL:
Ayes: Munfakh, Arnold, Curmi, Griffith, Edwards, Massengill, Mann
Nays: None
Mr. Mann called for a brief recess at 8:40 p.m. The meeting reconvened at 8:50 p.m.
J.11 Pond and Streambank Improvements, Change Order #1
Mr. Anulewicz, Director of Public Services, addressed the Board and answered questions.
Mrs. Massengill moved to approve Change Order No. 1 on the contract with Cameron Contracting Company, increasing the contract price by $4,660.00 for a new contract total of $127,382.00 and authorize the Supervisor and Clerk to execute same. Seconded by Mr. Griffith. Ayes all.
J.12 Adopt the Water and Sewer Fund Budget for 2002
Resolution No. 01-12-11-74
Mr. Edwards, Treasurer, Mr. Anulewicz, Director of Public Services, and Mr. Hollis, DPW Manager, addressed the Board and answered questions.
Mr. Edwards moved to approve Resolution No. 01-12-11-74 adopting the Water and Sewer Fund Budget for 2002. Seconded by Mrs. Massengill.
ROLL CALL:
Ayes: Griffith, Curmi, Arnold, Edwards, Massengill, Mann
Nays: Munfakh
Resolution declared adopted.
J.13 Wayne County/Plymouth Township Ann Arbor Road Corridor Downtown Development Authority Agreement, Resolution No. 01-12-11-75
Mr. Cronin, Township Attorney, and Mr. McFadyen, McKenna Associates, Inc., addressed the Board and answered questions.
Mr. Curmi moved to approve Resolution No. 01-12-11-75 approving the Intergovernmental Agreement between the Charter County of Wayne and the Charter Township of Plymouth Township Downtown Development Authority and further moved to authorize the Supervisor and Clerk to execute same. Seconded by Ms. Arnold. The resolution reads as follows:
WHEREAS, the Township has determined that it would like to create the Plymouth Township DDA (the DDA), pursuant to P.A. 197, of the Public Acts of Michigan of 1975 (hereinafter the "Act"; and
WHEREAS, pursuant to the Act, the DDA would be a separate legal entity that would engage in the development of the Township’s downtown area; and
WHEREAS, the Township has submitted to the County a project area and a preliminary Development Plan whereby the DDA would initiate improvements; and
WHEREAS, pursuant to the Act, the DDA would have the ability to capture the Township’s local taxes and the County’s ad valorem property taxes to implement the Development Plan; and
WHEREAS, pursuant to the Section 3 of the Act the County, has the ability to disallow the Township and DDA the ability to capture the County’s ad valorem property taxes, and
WHEREAS, the County and the Township have agreed that the Township and the DDA may capture the County’s ad valorem property taxes if the Township uses the taxes for agreed upon permissible purposes; and
WHEREAS, THE Township and the County have negotiated an Intergovernmental Agreement to formalize the terms described herein.
NOW, THEREFORE, be it resolved that the Board of Trustees of the Charter Township of Plymouth does hereby approve the Intergovernmental Agreement between the Charter County of Wayne and the Charter Township of Plymouth and does further authorize the Supervisor and Clerk to execute the Agreement on behalf of the Township.
ROLL CALL:
Ayes: Munfakh, Arnold, Curmi, Griffith, Edwards, Massengill, Mann
Nays: None
Resolution declared adopted.
K. SUPERVISOR COMMENTS
Mr. Mann announced the arrival of the first Senior Van. The second van is scheduled to arrive in January. He continued that the Trustee Bill Approval schedule for 2002 will soon be distributed. Trustees should contact him regarding conflicts with the schedule. Mr. Mann stated that the Government Access Board on the cable stations for Comcast is up and running again. He hopes that WideOpenWest will soon be broadcasting. Mr. Mann announced that the color proof for Plymouth Township’s Calendar arrived and is now being printed and should be mailed by the end of the year. Mr. Mann wished everyone a Merry Christmas!
L. TRUSTEE COMMENTS
Mr. Curmi commented on the e-mail from Walled Lake concerning a survey on how Board Packets are distributed. The survey states that most packets are delivered by the Police Departments followed by Board members picking them up. He felt a survey would be worthwhile investigating to see if there is a better way to have Board packets delivered to the trustees. Mr. Munfakh stated that he would prefer the Police Department continue delivering the Board packets to the Trustees because they are delivered to the door and it creates police visibility in the neighborhoods.
Mr. Munfakh commented on the advertising being delivered to homes within the Township. His neighbors are concerned about flyers littering the subdivisions. Mr. Cronin explained the advertising company’s rights and how other areas handle this problem. Lieutenant Robert Smith explained that he and Ms. DeGhetto have attempted to resolve this problem in the Township. He explained that after contacting the company,
a phone number was published in the Township Newsletter that residents can call to have the service discontinued. It was suggested that the administration look into this issue to see if it can be resolved through current ordinances. Mr. Mann suggested that Ordinance Officer Kathy Pumphrey be asked to investigate this problem.
Mr. Munfakh asked Mr. Edwards for clarification of a letter from the State of Michigan, Department of Transportation, sent to all Board members concerning a tax bill problem. Mr. Edwards explained that after speaking with Mrs. Barney, Community Development Director and the Assessing Department he discovered that the problem resulted from a landsplit and sale of a parcel of property on Joy Road in 1998. He continued that the State did not comply with the four conditions set forth by the Planning Commission. The conditions were finally met in 2001, and the landsplit was then filed with the County in July. The tax bills were properly sent to the State because the landsplit had not been completed. Mr. Curmi stated he had reviewed the paper work and that it appears Mr. Edwards handled the situation correctly. Mr. Edwards stated that he would be composing a letter to Ms. Derby, her boss and the Attorney General and that a copy would be forwarded to the Trustees. Mr. Munfakh asked Mr. Edwards for a report clarifying this issue. Mr. Edwards reiterated that the tax-billing problem was not the fault of Plymouth Township.
Ms. Arnold thanked Mrs. Massengill for suggesting that the Township look into using pool cars, and Mr. Mann for authorizing a pool car for employees to drive. It is scheduled for delivery to the Township Wednesday, December 12, 2001.
Mrs. Massengill asked Mr. Mann if all Township owned vehicles would have Township logo decals placed on them. He stated that some, not all would have decals. She then asked Mr. Mann for a list of all vehicles that would have logo decals affixed to them. Mr. Mann agreed.
Ms. Arnold asked if the Plymouth Township Water Tower could be lit in the evening. She then asked if the Board meeting dates and agendas are being broadcast on Channel 12. Mr. Mann stated that they are now that Comcast is back up and running. Ms. Arnold asked MR. Mann about the proposed entrance signs to the Township. Mr. Mann explained that Mr. Karell is in the process of designing the signs and that the designs should be available for Board review early next year. She then asked that the Board be notified of the date of the first study session planned for 2002.
Mr. Griffith asked that the eastern part of Plymouth Township be included in the plan for entrance signs to the Charter Township of Plymouth. Mr. Anulewicz stated that the eastern side of Plymouth Township would be included in the plan for entrance signs.
Mr. Edwards stated that the Board of Review met with Tower Automotive and the Assessor last Friday. It seems that Tower Automotive has reported their personal property twice. Tower Automotive over reported approximately nineteen million dollars.
The Township has a $60,000.00 refund going back to them before the end of year 2001. A Special Meeting of the Board of Trustees will be needed before December 31, 2001.
Mr. Curmi addressed Mr. Bailey, Plymouth Township Engineer and Mr. Anulewicz, Director of Public Services, and stated that the two parcels where easements are needed for the proposed sidewalk located on West Ann Arbor Trail are for sale. Mr. Bailey explained the plan for the proposed sidewalk regarding that area.
M. PUBLIC COMMENTS – There were none.
N. CLOSED SESSION
At 10:12 p.m., Mrs. Massengill moved that a closed session be called for the purpose of discussing:
RE: Letter of Understanding for POAM Dispatcher Agreement
Contract Negotiations with IAFF, Local 1496
This is a permissible purpose under Michigan’s Open Meeting Act, Public Act No. 267, Article 15.268, Section 8, Paragraph (c)
Seconded by Mr. Griffith.
ROLL CALL:
Ayes: Munfakh, Arnold, Griffith, Massengill, Curmi, Edwards, Mann
Nays: None
Mrs. Massengill moved to reconvene the regular meeting at 11:11 p.m. Seconded by Mr. Edwards.
ROLL CALL:
Ayes: Arnold, Munfakh, Griffith, Massengill, Edwards, Mann
Nays: None
Absent: Mr. Curmi
Mrs. Massengill moved to approve the Letter of Understanding for Communications, year 2002, as presented, and authorized the Supervisor to sign it. Seconded by Ms. Arnold.
O. ADJOURN
Mrs. Massengill moved to adjourn the meeting. Seconded by Mr. Griffith. Ayes all, except, for Mr. Curmi who was absent. Supervisor Mann adjourned the meeting at 11:12 p.m.
Marilyn Massengill, CMC
Clerk, Charter Township of Plymouth
PLEASE TAKE NOTE; The Charter Township of Plymouth will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at all Township Meetings, to individuals with disabilities at the Meetings/Hearings upon two weeks notice to the Charter Township of Plymouth by writing or calling the following: Supervisor’s office, 42350 Ann Arbor Road, Plymouth, MI 48170.
Phone number (734) 354-3200 TDD units: 1-800-649-3777 (Michigan Relay Services)



